ADAM MALIK KHAN Vs. ALIGARH MUSLIM UNIVERSITY ALIGARH

JUDGEMENT

(1.) R. A. Sharma, J. Whether a can didate can be appointed in excess of the notified vacancies and

(2.) WHETHER the decision dated 16. 5. 1993/4. 6. 1993 of the Executive Council of the Aligarh Muslim University, giving absolute power to the Selection Committee to prepare or not to prepare a reserve list containing names of candidates for appoint ment as teachers against future vacancies is ultra vires. are the two questions, which are involved in this writ petition. 2. The Aligarh Muslim University, Aligarh (here in after referred to as the University) advertised a permanent post of lecturer in the Department of Islamic Studies. The petitioners No. 1, 3 and 4, who are Research Scholars in the same Depart ment, applied for the said post. The Selec tion Committee, which was constituted by the University for selecting a suitable can didate for the advertised post, selected one of the candidates other than petitioners. The Committee further prepared a panel of three candidates, namely, respondents Nos. 3, 4 and 5, to be appointed against the future temporary or permanent vacancies. The Vice Chancellor vide order dated 19. 5. 1994 appointed the respondent No. 3, Sri Abdul Hameed Fazli as temporary lecturer against a permanent post of Reader vacated on the retirement of the regular incumbent on 19. 5. 1994. The petitioners, being aggrieved by preparation of the panel for appointment in future, filed a Writ Petition No. 21457 of 1994, which was disposed of by this Court on 12. 7. 1994 permitting the petitioners to file an appeal before the Executive Council of the University. Petitioners accordingly filed an appeal before the Executive Council, which was dismissed by the Vice Chancellor. Being aggrieved, the petitioners have filed the writ petition, challenging the said decision of the Vice-Chancellor and the panel prepared, by the Selection Commit tee for appointment in future as well as the decision of the Executive Council dated 16. 5. 1993/4. 6. 1993, giving absolute discre tion to the Selection Committee to prepare or not to prepare the reserve list for ap pointment against future vacanciesand the order dated 19. 5. 1994.

(3.) AS regards the second question, Sta tute 29 (2) (a) of the Statutes framed under the Aligarh Muslim University Act, which is reproduced below, has laid down that all appointments to the 'permanent' posts of teachers in the University shall be made by the Executive Council on the recommenda tion of the Selection Committee after such posts has been duly advertised. "29. (2) (a ).-AH appointments to per manent posts of teachers in the University shall be made by the Executive Council on the recommen dation of a Selection Committee in accordance with the provisions of these Statutes after such posts have been duly advertised and the candidates concerned have been interviewed by the Selection Committee except in cases where such Commit tee decides. to consider the case of a candidate, otherwise than by an interview. Except as other wise provided for in his contract of service, every teacher thus selected shall be placed on probation for a period of one year, on the expiry of which period he shall be confirmed in his post. If he is not so confirmed the Executive Council may, if it deems fit, dispense with his services as shown after the expiry of his probationary period as may be practicable or extend the period of his probation for one year at the end of which if he is not confirmed in his post, his services shall be dis pensed with after expiry of the period of extension of his probation: Provided that, if a person in the permanent service of the University is appointed on proba tion to a higher post in the same Department, he shall not loose his lien on his substantive post, nor shall be deprived of the benefits of leave rules and of the Provident Fund Statutes to which he was entitled at the time of his appointment to the higher post during the period of his probation: Provided further that the service of a teacher appointed on probation may be ter minated at any time during the probationary period by giving two months ' notice without as signing any reason. " (emphasis supplied)